1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The automobiles listed in the attached list (hereinafter “instant automobiles”) are owned by the Plaintiff, a company operating rent-a-car business, etc., and the Defendant occupied and used them from June 5, 2008.

B. Around May 2, 2008, the Defendant sold to C, who is a director of the Plaintiff, KRW 635 square meters of Gyeonggi-do D Forest (hereinafter “instant forest”) for KRW 77 million, and completed the registration of ownership transfer under C’s name. At the time, the Defendant received only KRW 27 million of the purchase price from C.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion (1) on June 5, 2008, the Plaintiff leased the instant automobile to the Defendant for three years, and C purchased the instant forest from the Defendant, instead of paying KRW 50 million out of the purchase price, paid the Plaintiff the rental fee for the said three-year period.

(2) Meanwhile, the lease contract on the instant motor vehicle was terminated on June 4, 2011.

Therefore, the Defendant is obligated to deliver the instant vehicle to the Plaintiff, who is the owner of the instant vehicle, and pay the sum of KRW 25,872,000 (29,000 per day rental fee 294,00 per day rental fee x 88 days from June 5, 2011 to August 31, 201) as part of compensation for damages arising from unjust enrichment or unlawful act.

B. (1) According to the written evidence No. 7-1, No. 7-2, and No. 3, the instant automobile is owned by the Plaintiff, and the Defendant drafted a vehicle lease contract (hereinafter “instant lease contract”) with the terms that the Plaintiff rents KRW 1,100,000 per month from the Plaintiff on June 5, 2008. The Defendant acquired the instant automobile from C around June 201, in lieu of the payment of KRW 50,000,000,000,000,0000,000 won of the instant forest. The Plaintiff’s representative director, E, a Vietnam, as the Plaintiff’s representative, arbitrarily, takes the instant lease contract.